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Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Vanderbilt Law Review
Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
Vanderbilt Law Review
The development of common-law tort liability, especially since the late 1950s and early 1960s, has broken many of the barriers to plaintiff recovery. The abrogation of the privity requirement, the evolution of the discovery rule, and the advent of strict liability were primary agents in this "assault upon the citadel."' These developments have threatened many potential tort defendants, particularly members of the manufacturing and construction industries and the medical profession. In response to lobbying pressure from these groups, many state legislatures have adopted measures to limit tort recoveries. One of the measures most popular among defendants has been the enactment …
Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.
Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.
Vanderbilt Law Review
At common law, defamation was a strict liability tort. A defendant could be held liable for publishing a false and defamatory statement absent any evidence that the defendant suspected the statement's falsity or even its defamatory potential, and despite the fact that the defendant used reasonable care in attempting to ascertain the truth. The plaintiff only had to prove fault by the publisher when the plaintiff was attempting to overcome a qualified privilege or establish the liability of a secondary publisher such as a news vendor.' Since the United States Supreme Court's decision in New York Times v. Sullivan, however, …
Landlord Liability For Crimes Committed By Third Parties Against Tenants On The Premises, Irma W. Merrill
Landlord Liability For Crimes Committed By Third Parties Against Tenants On The Premises, Irma W. Merrill
Vanderbilt Law Review
The controversial subject of landlord liability for crimes committed by third parties on the apartment premises has been the subject of much debate. The discussion has produced a scattering of opinions rather than one settled rule. Not all jurisdictions agree that a landlord should be held liable to his tenants for crimes on the premises. Even jurisdictions that do hold landlords liable for such crimes disagree on the basis for liability. Some courts ground their decisions in contract. Other courts conjure landlord liability out of an implied warranty of habitability. Still other courts impose landlord liability for third party crimes …